TERMS OF USE

Terms Of Use

The policy set forth below is provided in English only to avoid any misinterpretations caused by a language translation.  If necessary, please seek the proper advice, or please do not use this site.

WHAT YOU SHOULD KNOW

Welcome to the VIPrivate.com Care website.  For purposes of these Terms of Use, this website and each of such Subdomains are collectively referred to as “Website”, “the Website”, “this Website” or the “Websites”. 

The goal of this Web Site is to provide you with the gold standard of patient service with exclusive, discreet and dignified cared.  Please read our Terms of Use (the “Terms”) carefully before continuing on with use of this Web Site. 

For purposes of these Terms of Use (as more specifically defined in the next paragraph), VIPrivate Care (which includes its franchisees and/or their respective agents (collectively “Franchisees” and together with VIPrivate Care, its subsidiaries and affiliates, are collectively referred to as “VIPrivage Care”, “we”, “us” or “our”).

These Terms of Useare entered into by and between you and VIPrivate Care and with respect to the Websites of other VIPrivate Care that you access and use.   These terms of use includethe following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), and govern your access to and use, whether as a guest or a registered user, of: (1) this website, and (2) any subdomain of this website that is in whole or in part managed or maintained by us (each such subdomain is referred to as a “Subdomain”), including any content, functionality and services offered on or through this website and/or any Subdomain; in each case bearing the VIPrivate Care trademarks.

These Terms of Use apply to each of the Websites.  VIPrivate Careretains and reserves the same rights as we do under these Terms of Use for each of the Websitesand limits its liability and obligations to the same extent as we do.  Any obligations that you agree to under these Terms of Use are obligations towards us, and with respect to any Subdomain of this Website also towards VIPrivate Care.   

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE ANY OF THE WEBSITES. BY USING A WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT [INSERT AS LINK TO PRIVACY POLICY], INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE ANY WEBSITE. 

VIPrivate Care reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. IF YOU DO NOT AGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEBSITE.

ACCESSING A WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any Website, and any service or material we provide on such Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to a Website.
  • Ensuring that all persons who access a Website through your internet connection are aware of these Terms of Use and comply with them.

PRIVACY

To access a Website or some of the resources it offers, you may be asked to provide certain contact, registration details and/or other information from time to time which, depending on the services used, may include, but not be limited to, for all users – name, telephone number, email address. 

All information we collect, store, use, process or transfer on or froma Website is subject to and governed by our Privacy Policy[INSERT AS LINK TO SITE’S PRIVACY POLICY] the provisions of which are incorporated into these Terms of Use by this reference. You (i) agree that all information you provide to us in connection with a Website and/or in connection with your use of a Website and/or the services available through a Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY]; and (ii) you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

It is a condition of your use of a Website that all the information you provide on the Website is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your user name, password or other security information. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

LINKS FROM A WEBSITE

A Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. The use of links to third party websites does not constitute or imply any affiliation with any of the third party websites or the owners thereof, and we do not endorse any such websites.   We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to a Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

INTELLECTUAL PROPERTY RIGHTS

The Websites and each of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by VIPrivate Care, its Franchisees, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use a Website for your use only. You must not reverse engineer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit or otherwise use the content, design, layout of any of the material on any of our Websites, except as follows:

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • To the extent we link to social media networks in connection with the Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn and other social media networks, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from a Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Website.

You must not access or use a Website or any content, services or features available through the Website for any use or purpose other than in accordance with these Terms of Use and applicable instructions provided on the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of any Website in breach of these Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to any Website or any content on any Website is transferred to you, and all rights not expressly granted are reserved by VIPrivate Care.

TRADEMARKS

The VIPrivate Carename, the termsVIPrivate Care logo and all related names, logos, product and service names, designs and slogans are trademarks of VIPrivate Care. You must not use such marks without the prior written permission of VIPrivate Care.  All other names, logos, product and service names, designs and slogans on a Website are the trademarks of their respective owners.

COPYRIGHT POLICY.

VIPrivate Care respects the copyrights of third parties.  You may not use the Website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party.  It is our policy to terminate access by users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.

PROHIBITED ACTIVITIES

You may use a Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use any Website:

  • In any way that violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar unsolicited mass emailing techniques.
  • To impersonate or attempt to impersonate a VIPrivate Care employee, an VIPrivate Care Franchisee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access a Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any device, software or routine that interferes with the proper working of a Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of a Website, the server on which a Website is stored, or any server, computer or database connected to a Website.
  • Otherwise attempt to interfere with the proper working of any Website.

RELIANCE ON INFORMATION POSTED

The information presented on or through a Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by VIPrivate Care, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VIPrivate Care. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER OF WARRANTIES

All content on this Website is provided “As Is” and without warranties of any kind either express or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  YOU AND NOT VIPrivate Care ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. VIPrivate Care NOR ANY PERSON ASSOCIATED WITH VIPrivate Care OR ANY FRANCHISEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY WEBSITE. IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, VIPrivate Care, NOR ANYONE ASSOCIATED WITH VIPrivate Care, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless VIPrivate Care, Franchisees and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of a Website, including, but not limited to, any use of a Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from a Website.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Website is presented solely for your convenience and/or information.  This Website is controlled and operated by VIPrivate Care, LLC and makes no representations that the Content in its Website is appropriate or available for use in other locations.  Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You may not use or export the materials in this Website in violation of U.S. export laws and regulations

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR A WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

EQUITABLE RELIEF

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on a Website, including without limitation the right to block access from a particular internet address.

WAIVER

No waiver by VIPrivate Care of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VIPrivate Care to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT

The terms and conditions of these Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and VIPrivate Care with respect to each Website and the services provided therein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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